Dhayanithi v. State Of Tamilnadu Rep By Inspector Of Police, Alanganallur

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28.11.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.21867 of 2025 Dhayanithi ... Petitioner/ Accused No.1 Vs The State of Tamilnadu, Rep by the Inspector of Police, Alanganallur Police Station, Madurai City, Madurai District.

(Crime No.407 of 2025) ... Respondent/Complainant For Petitioner : Mr.B.Kabilan For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.407 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 27.10.2025 for the offences punishable under Sections 8(c), 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985, in Crime No.407 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner and other accused persons were found in illegal possession of 1.8 kgs of ganja. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is in judicial custody from 27.10.2025. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the petitioner and the other accused persons were found in illegal possession 2/6

of 1.8 kgs of ganja. He further submitted that eight previous cases, one under the NDPS Act and the others under the IPC, are pending against the petitioner . Therefore, he opposed for grant of bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case and also considering the fact that the present case does not involve a commercial quantity, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Principal Special Court for Narcotic Drugs and Psychotropic Substances Act, cases, Madurai, and on further conditions that :- [a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity. [b] the petitioner shall report before the concerned Judicial Magistrate daily morning at 10.30 a.m. and 3/6

before the respondent police at 5.30 p.m., until further orders.

[c] the petitioner shall not tamper with the evidence or witness either during investigation or trial. [d] the petitioner shall not abscond either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner is released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

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To

1. The Principal Special Court for Narcotic Drugs and Psychotropic Substances Act, cases, Madurai.

2. The Superintendent, Sub--Jail, Virudhunagar.

3. The Inspector of Police, Alanganallur Police Station, Madurai City, Madurai District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY,J.

jbr

ORDER

IN CRL OP(MD) No.21867 of 2025 Date : 28.11.2025 6/6